FOR INTERNAL USE ONLY Dockless Electric Scooters - Whitepaper What You Need to Know if Your Workers are Using Them on the Job Imagine this scenario: Your employee leaves the office and heads to a business meeting in downtown Los Angeles. The client is located about a mile from the office so the eager associate grabs a dockless electric scooter for the short commute. After checking her smart-phone app to locate the nearest scooter, she unlocks it and jumps on for the quick ride. Half way to the client’s office she approaches a busy intersection. She has the green light and proceeds, only to notice an oncoming car beginning to make a left-hand turn in front of her. As she attempts to take evasive action, the scooter hits a crack in the roadway, causing her to lose control. She is thrown through the air landing face first on the concrete curb, while the scooter careens into a pedestrian waiting on the corner. The pedestrian is bleeding and bruised from the impact and your worker is unconscious. The seemingly over-night presence and use of micro-mobility devices around the country has created an increase in exposure to both workers’ compensation as well as general liability claims. The following paper will discuss the issue in more depth and provide guidelines to help your company reduce and control these exposures to the extent possible. Dockless Electric Scooters: How Did We Get Here? Several factors have driven the proliferation of micro-mobility devices. The concept itself relates to both a “first mile” and “last mile” mode of transport, filling the gap from traditional and mass transit to final destination. The variety of devices that fit this category is wide, constituting scooters, skateboards, bicycles, unicycles, hoverboards, etc. They may be human-powered or motorized, but they all share the common characteristics of transporting people for relatively short distances at relatively slow speeds, primarily in congested urban areas or city centers. Collectively, these devices are referred to as Personal Transportation Devices (PTDs) by the San Jose State University research team in their May 2019 report, How and Where Should I Ride This Thing? “Rules of the Road” For Personal Transportation Devices1 commissioned by the Mineta Transportation Institute. The spread of electric scooters has been fast and broad. Since Bird first introduced e-scooters in Santa Monica, CA in September 2017, no less than a dozen companies have distributed scooters in cities across the country in an effort to capture a piece of the quickly expanding market. With names like Lime, Spin, Skip, Scoot, Jump, and Bolt, scooters are becoming ubiquitous in metropolitan areas across the U.S. and across the globe. According to the National Association of City Transportation Officials2, the number of shared micromobility trips in the U.S. in 2018 more than doubled from 2017 to 84 million. By definition, this encompasses all shared-use fleets of small, fully or partially human-powered vehicles including bikes, e-bikes, and e-scooters. Further, in 2018, 38.5 million scooter share trips accounted for the largest share of the 84 million trips. By the end of 2018, over 85,000 e-scooters were available for public use in nearly 100 U.S. cities. E-scooters have been replacing bike-sharing options and companies such as Spin and Lime, originally coming to market as bike-share companies have retooled and are putting significant capital into expanding e-scooter offerings. Hundreds of millions of investor dollars have poured into e- scooter companies and start-ups have been acquired by those looking for a seat at the trending dockless e-scooter table. Ford Motor Company acquired Spin in November 2018 for close to $100 million, and Uber and Lyft are also players on the e-scooter scene. The e-scooter phenomenon has created both supporters and detractors. Supporters tout accessibility of the devices, low cost of use and operation (most scooters can be unlocked for $1 and cost $0.15 per minute of operation), improved city transportation options particularly for those with less access to traditional modes of transportation, reduced demand for vehicle parking spaces, and reduced greenhouse gas emissions and traffic congestion when people use PTDs in lieu of automobiles. Detractors point to lack of regulation resulting in scooters parked in walking paths and wheel-chair accessibility areas, irresponsible riders creating hazards during operation, the clutter and poor aesthetics from too many scooters carelessly discarded wherever a rider completes their use, and most significantly, concerns about safety to both riders and pedestrians. Safety The exponential growth of e-scooters has made it difficult to accurately track and identify e-scooter injuries and incidents. No national data on e-scooter related crashes currently exists, however several studies have been completed and all of them generally point to the high severity of scooter related crashes. The largest and most comprehensive review of incidents involving e-scooters was published by Consumer Reports3 in February 2019. The study tabulated injuries from 110 hospitals across 47 U.S. cities and found that at least 1,500 people had been injured using e-scooters since late 2017. Injury types include: concussions, nasal fractures, forearm fractures, blunt head trauma, brain injuries, cuts and bruises, musculoskeletal injuries, and major head injuries. Form 09262019.1 E-Scooter Fatalities: Supporting the nature of severity of these incidents, a UCLA study4 found that one in three people involved in TWELVE since fall 2017 electric scooter accidents require emergency room ELEVEN of the TWELVE have treatment for their injuries. The UCLA study was resulted when riders were struck completed in January 2019 and was limited to information by motor vehicles collected from two southern California hospitals. A total A 5-year old Tulsa, OK boy riding of 249 people were treated for injuries, including: head with his mother fell off and was injuries (40%), fractures (32%), and cuts, sprains, or hit by a vehicle bruises without fractures (28%). FOUR fatalities have occurred in Atlanta, GA over a four month period from May-August, 2019 Are Scooters Really Any More Dangerous Than Other Mode of Transportation? There is no doubt that medical professionals, emergency room physicians, and others in the health care and emergency response fields have seen a sharp increase in the number of e-scooter related injuries. Certainly, the rapid increase in availability and adoption by users has fueled these numbers. With Lime reporting it had reached 11.5 million rides and Bird 10 million rides after one year of use, it may be reasonable to argue that the accident rate of scooters is no worse than bicycles or even automobiles. While specific injury and accident rates for electric scooters are not known, a study published in January, 2019 in JAMA Network Open entitled, Injuries Associated With Standing Electric Scooter Use5 found that during the study period from September 1, 2017 to August 31, 2018, 249 patients presented at emergency departments with injuries associated with standing electric scooter use. This compares to 195 bicyclist injuries and 181 pedestrian injuries during the same time period at the same two emergency departments. The most significant difference is the severity of injuries occurring from the scooters, principally due to the lack of helmet use. While all of the e-scooter companies encourage helmet use, the data suggest that helmet usage is nearly non-existent by typical e-scooter riders. Unlike cyclists, many of whom utilize bikes for commuting and therefore plan their rides (including utilizing a helmet), the majority of scooter users make spontaneous judgements when deciding to use a scooter, making it unlikely that they will have a helmet at their disposal when they unlock and begin riding. A similar behavior was noted in a study in December, 2018 on Seattle’s bikeshare program6, which found that while over 90% of cyclists wore helmets when riding their personal bikes, only 20% of bike share riders did the same. Form 09262019.1 Concerns Helmet Availability and Usage Because e-scooter riders rarely pre-plan their trips and typically make the decision to ride the scooter on the spur of the moment, helmets are rarely available and therefore rarely used. Findings from the JAMA Network Open study found helmet usage to be between 4% and 6%. More disconcertingly, only one of the 190 scooter riders in the Austin Public Health Dockless Electric Scooter-Related Injuries Study7was wearing a helmet. Scooter Condition/Maintenance Nineteen percent of the scooter riders in the same study believed their scooter malfunctioned or did not operate as intended. Although the scooters are picked up nightly by “chargers” or “juicers” for battery recharging, repair, and redistribution, the condition and maintenance of scooters has been called into question. Lime removed scooters manufactured by Okai across the globe in November 2018 after finding that scooter model could catastrophically fail when subjected to repeated abuse. Social media posts have often shown Lime scooters broken apart where the baseboard and stem meet. Lime also pulled scooters from the streets in the early summer of 2018 after discovering a small number of them may have been carrying batteries with potential to catch fire. Riding Protocols – Confusion and Inconsistency The Mineta Transportation Institute study found that “the review of existing regulations in states, cities and university campuses revealed that PTD users operate in a murky regulatory environment, with rules often poorly defined, contradictory, or altogether absent.” Further, regulations for riding (sidewalks, streets, both, neither) vary widely from place to place, creating confusion and uncertainty for operators of e-scooters. In many cases, rules may be clear or consistent, but the existing infrastructure is neither designed for nor able to accommodate those rules.